USA v. Trail et al
| Nebraska District Court | |
| Case #: | 4:17-cr-03143 |
| Case Filed: | Dec 12, 2017 |
| Last checked: Sunday Dec 17, 2017 1:29 AM CST |
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Defendant
Bailey Marie Boswell (2)
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Represented By
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Defendant
Aubrey Clifton Trail (1)
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Represented By
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Plaintiff
USA
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Represented By
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GPO
Dec 07 2017
ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ] |
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GPO
Dec 08 2017
AMENDED ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ] |
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GPO
Dec 08 2017
ORDER of Detention as to defendant Aubrey Clifton Trail. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ] |
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GPO
Dec 08 2017
ORDER of Detention as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ] |
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GPO
Dec 14 2017
ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Aubrey Clifton Trail. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) |
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GPO
Dec 22 2017
ORDER granting 33 Government's unopposed Motion to Extend as to Aubrey Clifton Trail (1) and Bailey Marie Boswell (2). Rule 16 discovery shall be provided on or before January 9, 2018. The time between today's date and January 9, 2018 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely object to this order as provided under this court's local rules will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 33 Government's unopposed Motion to Extend as to Aubrey Clifton Trail (1) and Bailey Marie Boswell (2). Rule 16 discovery shall be provided on or before January 9, 2018. The time between today's date and January 9, 2018 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely object to this order as provided under this court's local rules will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) |
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GPO
Feb 22 2018
ORDER granting the Defendant Boswell's 50 Motion to Continue as to Bailey Marie Boswell (2). As to both defendants, pretrial motions and briefs shall be filed on or before March 8, 2018, with any response due on or before March 15, 2018. As to both defendants, trial of this case remains scheduled to commence on March 26, 2018. The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendant in a speedy trial, and as to both defendants, the additional time arising as a result of the granting of the motion, the time between February 21, 2018 and March 8, 2018, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) |
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GPO
Mar 13 2018
ORDER as to defendants Aubrey Clifton Trail and Bailey Marie Boswell.1) Defendant Boswell's oral motion to continue is granted over objection.2) As to both defendants, 3-day Jury Trial continued to 5/14/2018 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and May 14, 2018, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely object to this order as provided under this court's local rules will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Aubrey Clifton Trail and Bailey Marie Boswell.1) Defendant Boswell's oral motion to continue is granted over objection.2) As to both defendants, 3-day Jury Trial continued to 5/14/2018 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and May 14, 2018, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely object to this order as provided under this court's local rules will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) |
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GPO
Mar 28 2018
ORDER granting 71 Defendant's unopposed Oral Motion as to Aubrey Clifton Trail (1). Change of Plea Hearing continued to 4/5/2018 at 12:00 PM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between today's date and the district court judge's acceptance or rejection of the anticipated plea of guilty shall be excluded for speedy trial calculation purposes. 18 U.S.C. § 3161(h)(7). Failing to timely object to this order as provided under this court's local rules will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) |
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GPO
May 07 2018
ORDER - The Magistrate Judge's findings and recommendation (filing 87) are adopted. The government's motion for pretrial determination of voluntary statements (filing 59) is granted as set forth in the magistrate judge's order as to defendant Aubrey Clifton Trail. Ordered by Judge John M. Gerrard. (LKO) |
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GPO
May 23 2018
MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation on a Guilty Plea are adopted. The defendant, Aubrey Clifton Trail is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing. Ordered by Judge John M. Gerrard. (LKO) |
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GPO
May 23 2018
MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation on a Guilty Plea are adopted. The defendant, Bailey Marie Boswell is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing. Ordered by Judge John M. Gerrard. (LKO) |
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GPO
Jul 17 2018
TENTATIVE FINDINGS regarding revised Presentence Investigation Report as to defendant Aubrey Clifton Trail. Ordered by Judge John M. Gerrard. (LKO) |
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GPO
Jul 27 2018
TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Bailey Marie Boswell. Ordered by Judge John M. Gerrard. (DCD) |
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GPO
Sep 11 2018
ORDER directing Government to withdraw exhibit received at 4/20/18 hearing. If counsel fails to withdraw exhibit within 14 days or show cause why the exhibit should not be destroyed, exhibit will be destroyed without further notice to parties or order from the court as to defendant Aubrey Clifton Trail. Ordered by Judge John M. Gerrard. (CCB) |
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GPO
Mar 01 2021
ORDER granting 155 Motion for Release of garnishment to Great Western Bank as to Bailey Marie Boswell (2). Ordered by Magistrate Judge Cheryl R. Zwart. (ADB) |
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GPO
Mar 10 2021
ORDER TO RELEASE GARNISHMENT - IT IS HEREBY ORDERED that Motion for Release of Garnishment, Filing No. 158, is granted. The garnishment against Farmers Bank of Northern Missouri, is released as to Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL) |
| Docket last updated: 12/17/2017 1:42 AM CST |
| Thursday, December 07, 2017 | ||
| 1 | 1
COMPLAINT signed by Magistrate Judge Cheryl R. Zwart as to defendants Aubrey Clifton Trail and Bailey Marie Boswell. (JAB) (Additional attachment(s) added on 12/7/2017:
#1 Complaint cover page) (JAB, ). [4:17-mj-03131-CRZ]
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CRIMINAL COVER SHEET as to defendants Aubrey Clifton Trail and Bailey Marie Boswell. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (JAB) [4:17-mj-03131-CRZ]
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| 4 | 4 TEXT ORDER SETTING HEARING as to defendant Bailey Marie Boswell. Initial Appearance set for 12/7/2017 at 10:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) [4:17-mj-03131-CRZ] | |
| 5 | 5 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart in Lincoln on 12/7/2017 as to defendant Bailey Marie Boswell. Initial Appearance on Complaint held. Appointment of counsel requested. Court appoints Federal Public Defender to represent defendant. Rights reviewed. Defendant requests preliminary hearing. Preliminary Hearing set 12/14/2017 at 12:30 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Government's oral motion for detention is granted. Defendant is not contesting detention at this time. Defendant remanded to custody of the U.S. Marshal to be detained pending further order of the court. Written order for detention forthcoming. Appearance for Plaintiff: Steve Russell; For Defendant: Jessica Milburn, FPD. Courtroom Deputy: Jeri A. Bierbower. Reporter: Digital Recorder. Time Start: 10:13 AM; Time Stop: 10:19 AM; Time in Court: 6 Minutes. (JAB) [4:17-mj-03131-CRZ] | |
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RESTRICTED AUDIO FILE (1.2 MB) as to defendants Bailey Marie Boswell regarding Initial Appearance 5 held on 12/7/2017 at 10:13 a.m. before Magistrate Judge Cheryl R. Zwart. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO JUDGE ZWART. ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (JAB) Modified on 12/8/2017 to restrict. (JAB) [4:17-mj-03131-CRZ]
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) [4:17-mj-03131-CRZ]
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| 8 | 8 TEXT ORDER SETTING HEARING as to defendant Aubrey Clifton Trail. Initial Appearance set for 12/8/2017 at 01:00 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) [4:17-mj-03131-CRZ] | |
| Friday, December 08, 2017 | ||
| 9 | 9
AMENDED ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) [4:17-mj-03131-CRZ]
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NOTICE OF ATTORNEY APPEARANCE by Attorney Jessica L. Milburn as to defendant Bailey Marie Boswell. (JAB) [4:17-mj-03131-CRZ]
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| 11 | 11 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart in Lincoln on 12/8/2017 as to defendant Aubrey Clifton Trail. Initial Appearance and Arraignment on Complaint held. Defendant is not requesting counsel at this time. Rights reviewed. Government requests preliminary hearing be set. Preliminary Hearing set for 12/14/2017 at 2:30 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Government's oral motion for detention is granted. Defendant is not contesting detention. Government's oral motion to unseal case, but leave affidavit attached to Complaint sealed, is granted. Defendant remanded to custody of the U.S. Marshal to be detained pending further order of the court. Written order for detention forthcoming. Appearance for Plaintiff: Steve Russell; For Defendant: Pro se. Courtroom Deputy: Jeri A. Bierbower. Reporter: Digital Recorder. (Korey Reiman also present) Time Start: 1:02 PM; Time Stop: 1:14 PM; Time in Court: 12 Minutes. (JAB) [4:17-mj-03131-CRZ] | |
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AUDIO FILE. Audio as to Defendant (1) Aubrey Clifton Trail. Court Date & Time [ 12/08/2017 1:02:14 PM ]. File Size [ 2663 KB ]. Run Time [ 00:11:06 ]. (Initial Appearance). (auto-docket). [4:17-mj-03131-CRZ]
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ORDER of Detention as to defendant Aubrey Clifton Trail. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) [4:17-mj-03131-CRZ]
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ORDER of Detention as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) [4:17-mj-03131-CRZ]
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ARREST WARRANT RETURNED EXECUTED as to defendant Aubrey Clifton Trail. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (JAB) [4:17-mj-03131-CRZ]
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ARREST WARRANT RETURNED EXECUTED as to defendant Bailey Marie Boswell. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (JAB) [4:17-mj-03131-CRZ]
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| Tuesday, December 12, 2017 | ||
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ARREST WARRANT RETURNED EXECUTED as to defendant Aubrey Clifton Trail. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (TCL) [4:17-mj-03131-CRZ]
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ARREST WARRANT RETURNED EXECUTED as to defendant Bailey Marie Boswell. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (TCL) [4:17-mj-03131-CRZ]
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PART 1 OF 2 - INDICTMENT with foreperson's signature redacted pursuant to the E-Government Act as to defendants Aubrey Clifton Trail and Bailey Marie Boswell. (KLF)
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PART 2 OF 2 - FOREPERSON'S SIGNATURE PAGE regarding Indictment19 as to defendants Aubrey Clifton Trail and Bailey Marie Boswell. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(e). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (KLF)
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CRIMINAL COVER SHEET as to defendants Aubrey Clifton Trail and Bailey Marie Boswell. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (KLF)
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